DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/29/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 11 is objected to because of the following informalities: the clam recites “the lower surface of the male projection”. There is no antecedent basis for “the lower surface”. It should recite “a lower surface”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 4, 8, 12-16, 18-19 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thrush et al., US 8,925,264.
Regarding claim 1:
Thrush discloses a modular interlocking tile for a walkway system, comprising:
a lower surface, an upper surface, a front edge, a rear edge, and lateral side edges extending between the front edge and the rear edge, the lower and upper surfaces extending horizontally, and the front, rear and lateral side edges extending vertically to operatively connect the upper and lower surfaces (refer to Fig. 3);
at least one male projection (310) that horizontally projects in a longitudinally forward direction from the front edge, wherein:
the male projection includes a narrow male portion proximal the front edge and a wide male portion distal the front edge,
the narrow male portion is narrower in a laterally horizontal direction than the wide male portion, such that the wide male portion forms at least one wing on at least one lateral side of the male projection,
wherein the male projection further includes a locking protrusion adjacent the at least one wing that horizontally extends forwardly from a front edge of the wide male portion, and
the locking protrusion includes a protrusion stop surface that at least partially faces vertically; and
at least one female receiver that is horizontally recessed in the longitudinally forward direction from the rear edge, wherein:
the female receiver includes a narrow female portion proximal the rear edge and a wide female portion distal the rear edge,
the narrow female portion is narrower in the laterally horizontal direction than the wide female portion, such that the wide female portion forms at least one open pocket on at least one lateral side of the female receiver,
the female receiver further includes a groove adjacent the at least one open pocket that horizontally extends in the longitudinally forward direction relative to the wide female portion, and
the groove includes a groove stop surface that at least partially faces vertically in an opposite vertical direction than the protrusion stop surface;
wherein the tile is adapted to interlockingly connect with another tile, such that: (i) the at least one wing of the male projection of the tile is receivable in the at least one pocket of the female receiver of the other tile to interlock the tiles in the longitudinal and lateral directions within a horizontal plane, and (ii) the protrusion stop surface of the tile is engageable with the groove stop surface of the other tile to interlock the tiles in the vertical direction.
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Regarding claim 15:
Thrush discloses a walkway system (Summary – it is a floor tile system) comprising:
the tile according to claim 1, interlocked with another tile.
Regarding claim 18:
Thrush discloses a modular interlocking tile, comprising:
at least one male projection that projects horizontally in a longitudinally forward direction from a front edge of the tile, wherein the male projection includes a rearwardly-facing male engagement surface, opposite laterally-facing male engagement surfaces, and a vertically-facing male stop surface (refer to the figure reproduced above); and
at least one female receiver that is recessed in the longitudinally forward direction from a rear edge of the tile, wherein the female receiver includes a forwardly-facing female engagement surface, opposite laterally-facing female engagement surfaces, and at least one vertically-facing female stop surface that faces in an opposite vertical direction of the vertically-facing male stop surface;
wherein the tile is adapted to interlockingly connect with another tile, such that:
the rearwardly-facing male engagement surface of the tile is engageable with the forwardly-facing female engagement surface of the other tile to interlock the tiles in the longitudinal direction along a horizontal plane,
the opposite laterally-facing male engagement surfaces of the tile are respectively engageable with the opposite laterally-facing female engagement surfaces of the other tile to interlock the tiles in the lateral direction along the horizontal plane, and
the vertically-facing male stop surface of the tile is engageable with the vertically-facing female stop surface of the other tile to interlock the tiles in the vertical direction.
Regarding claim 2:
Thrush discloses wherein the at least one wing of the male projection forms a wing stop surface that faces in an opposite vertical direction as the protrusion stop surface, wherein the at least one pocket of the female receiver contains a pocket stop surface that faces in an opposite vertical direction as the groove stop surface, and wherein the tile is adapted to interlockingly connect with the other tile, such that the wing stop surface of the tile is engageable with the pocket stop surface of the other tile to interlock the tiles in another vertical direction.
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Regarding claim 4:
Thrush discloses wherein the at least one wing includes wings on lateral outward sides of the male projection, and
wherein the at least one pocket includes pockets on lateral outward sides of the female receiver.
Regarding claim 8:
Thrush discloses wherein the protrusion of the male projection is a ridge having a thickness that is less than a maximum thickness of the male projection, and extends laterally between the wings.
Regarding claim 12:
Thrush discloses wherein the male projection is complimentary shaped to the female receiver providing a tight, high strength seam (abstract) such that there are no horizontal gaps and there is full vertical constraint as seen in the figures reproduced above.
Regarding claim 13:
Thrush discloses wherein the at least one male projection includes a plurality of male projections laterally spaced across the forward edge, and wherein the at least one female receiver includes a plurality of female receivers, and wherein the plurality of male projections includes laterally outward male projections, each having a lateral width that is greater than an intermediate male projection between the laterally outward male projections (refer to Fig. 3).
Regarding claim 14:
Thrush discloses wherein the upper surface has treads and wherein the lower surface has treads (the circular treads 110 on the top surface and the hollow openings on the bottom surface).
Regarding claim 16:
Thrush discloses wherein the tile and other tile are respectively shaped and sized such that when the tile is laying on the ground, the male projection of the other tile can be received vertically at an inline into the female receiver of the tile, and is pivotable about a horizontal axis to interlock the tiles together.
Regarding claim 19:
Thrush discloses wherein the at least one male projection includes another vertically- facing male stop surface that faces in an opposite vertical direction as the at least one vertically-facing male stop surface,
wherein the female receiver faces includes another vertically-facing female stop surface that faces in an opposite vertical direction as the at least one vertically-facing female stop surface, and wherein the tile is adapted to interlockingly connect with another tile, such that:
the other vertically-facing male stop surface of the tile is engageable with the other vertically-facing female stop surface of the other tile, such that the interlocked tiles are constrained from movement in six perpendicular degrees of freedom.
Regarding claim 21:
Thrush discloses wherein the tile and the other tile are interlocked via at least one joint, wherein the at least one joint has a pivot axis that enables the tiles to be interlockingly coupled together or disconnected, and wherein when interlocked the tiles are constrained from movement in six perpendicular degrees of freedom.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Thrush et al., US 8,925,264 in view of Collette, US 4,287,693.
Regarding claim 5:
Thrush does not expressly disclose the claimed tapering of the male and female members as claimed.
Collette discloses a tile wherein a male projection horizontally tapers in a rearward longitudinal direction from the wide male portion to the narrow male portion to form a laterally outwardly and rearwardly facing male engagement surface, and wherein the female receiver horizontally tapers in the rearward direction from the wide female portion the narrow female portion of the female receiver to form a laterally inwardly and forwardly-facing female engagement surface.
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art (PHOSITA) to substitute the shape of male projection and female receiver as suggested by Collette for that of Thrush in order to simplify the interlock. Further, it would have been obvious to one having ordinary skill in the art at the time the invention as made to change the shape of the male projection and female receiver, as a change in the shape of a prior art device is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). There would be no unexpected or unpredictable result obtained from changing the shape of the interlocking male projection and female receiver, as both shapes serve to provide the desired interlocking.
Allowable Subject Matter
Claims 3, 6-7 and 9-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 17 is allowable.
The following is a statement of reasons for the indication of allowable subject matter:
Modifying the most relevant prior art of Thrush et al., US 8,925,264 to have the wing stop surface facing at least partially vertically downwardly, the protrusion stop surface facing at least partially vertically upwardly, the groove stop surface facing at least partially vertically downwardly, and the pocket stop surface facing at least partially vertically upwardly (claim 3); to have the wing stop surface and the pocket stop surface be beveled surfaces (claims 6 and 17); to have the protrusion stop surface be a rounded surface that faces vertically upwardly and longitudinally forwardly, and the groove stop surface be a rounded surface that faces vertically downwardly and longitudinally rearwardly (claim 7); to have the ridge be at a lower portion of the male projection (claims 9-10) and to have an upper surface of the male projection coplanar with the upper surface of the tile and a lower surface of the male projection coplanar with the lower surface of the tile (claim 11) would require improper hindsight reasoning and reconstruction and/or would compromise the functionality of the device of Thrush.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT W HERRING whose telephone number is (571)270-3661. The examiner can normally be reached Monday-Thursday 7:30a-6:00p MT.
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/BRENT W HERRING/Primary Examiner, Art Unit 3633